DUI (.069 BAC) DISMISSED – State v. Mr. R. (DMC No. 4713) (Fountain Hills City Court TR2004-00859): Mr. R. had been seen at 1:20 in the morning travelling 69 mph in a 50 mph zone at Palisades and Shea Roads. He was subsequently stopped and put through field sobriety tests. He was wearing flip flops at the time, and he removed them and did the tests in bare feet. Mr. R. was from South America, and his English was broken at best. He subsequently provided a breath of .069 and was released. Due to all of the issues with his language, and the fact that the field sobriety test were very suspect since he did them with bare feet, we secured a dismissal of the DUI charge.
